Battery and Self-Defense

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Many allegations of battery can be defended with evidence of self-defense or provocation by the alleged victim. In Indiana, a person can use force against another person to protect themselves or a third person from what they reasonably believe is an imminent attack against them. In fact, a person can use deadly force and does not have a duty to retreat, if they reasonable believe it is necessary to prevent serious bodily injury to themselves or another person. Deadly force can also be used to prevent the commission of a forcible felony against a person.

Criminal Confinement

Criminal confinement is a Level 6 felony offense and is often filed in battery and domestic battery cases when one party attempts to leave a room, house, or building during a fight, and the accuser claims they were prevented from leaving. Criminal confinement occurs when a person knowingly or intentionally confines another person without their consent; or removes a person by fraud, force, or the threat of force from one place to another. The offense is a Level 5 felony if it is committed using a vehicle or results in bodily injury to the alleged victim. Confinement is a Level 3 felony if committed while armed with a deadly weapon.

In any battery case where self-defense is a viable defense, or criminal confinement is alleged, it is important to contact an experienced criminal attorney immediately. An experienced criminal attorney can assist you by identifying evidence or witnesses that can help corroborate an assertion of self-defense or challenge a claim of criminal confinement. Character evidence may also be admissible in a battery case to demonstrate either peacefulness or past violence. If claims of battery or violence are left unchallenged or unexplained, the accused defendant may appear dangerous or violent. It is important to take immediate and aggressive action to contest allegations of battery or domestic violence.

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